A. No person shall begin construction of a public pool or shall substantially alter or reconstruct any public pool without first having submitted plans and specifications to the state of Minnesota for review and approval. The state will not issue such approval to construct, alter, remodel or license to operate a public pool unless the pool conforms with regulations adopted by section 144.1222, Minnesota Statutes Annotated, and Minnesota rules 4717.15 through 4717.3975, as such regulations may be from time to time amended, supplemented or replaced.
B. No persons shall operate or maintain a public pool unless they have obtained a permit to operate such pool from the city. Such permits shall be obtained by January 1 and shall be valid for one year, unless otherwise revoked for cause. Only persons who comply with this chapter shall be entitled to receive and retain such a permit. Such permits are not transferable.
C. All persons required by this chapter to obtain an annual permit to conduct, operate and maintain a public pool shall make application to the city in writing and shall pay an annual permit fee as set by the Moorhead city council in its fee schedule. (Ord. 2010-6, 7-12-2010)
D. A permit shall be required for all new and existing private residential pools which meet or exceed both five thousand (5,000) gallons and twenty four inches (24") in depth. Private residential pools shall be completely enclosed by a fence or wall measuring a minimum of five feet (5') in height. The opening between the bottom of the fence or wall and the ground or other surface shall be not more than four inches (4").
1. Belowground Private Residential Pools: Belowground private residential pools which are equipped with a walkable, hard surface cover which must be utilized when pool is not in use are exempt from the requirement for a fence or wall. Application for a permit to construct a belowground private residential pool shall be accompanied by plans of sufficient detail to show:
a. The proposed location and its relationship to other principal buildings on the lot.
b. The size of the pool.
c. Fencing, if applicable, and other fixtures existing on the lot, including utility location and trees.
d. The location, size and types of equipment to be used in connection with the pool, including, but not limited to, filter unit, pump, fencing, and the pool itself.
2. Aboveground Or Portable Private Residential Pools: Aboveground or portable private residential pools which are equipped with a detachable or retractable ladder which can be removed or retracted when said pool is not in use are exempt from the requirement for a fence or wall. Said ladder shall be removed or retracted when pool is not being attended. Failure to remove or retract ladder access shall constitute a violation of this subsection and be subject to the penalties contained in section 3-9-5 of this chapter. Aboveground or portable private residential pools for which access to a ladder can be completely blocked by a fence, gate or other means, are exempt from the requirement for a fence or wall around the pool. Failure to block the ladder access during nonuse shall constitute a violation of this subsection and be subject to the penalties contained in section 3-9-5 of this chapter. (Ord. 2010-9, 8-23-2010)